Act ratifying the optional protocol to the convention against torture and other cruel, inhuman or degrading treatment or punishment
shall expire at the end of two years; immediately after the first election the names of those members
shall be chosen by lot by the Chairman of the meeting referred to in article 7, paragraph 1 (d).
Article 10
1. The Subcommittee on Prevention shall elect its officers for a term of two years. They may be reelected.
2. The Subcommittee on Prevention shall establish its own rules of procedure. These rules shall provide,
inter alia, that:
(a) Half the members plus one shall constitute a quorum;
(b) Decisions of the Subcommittee on Prevention shall be made by a majority vote of the members
present;
(c) The Subcommittee on Prevention shall meet in camera.
3. The Secretary-General of the United Nations shall convene the initial meeting of the Subcommittee
on Prevention. After its initial meeting, the Subcommittee on Prevention shall meet at such times
as shall be provided by its rules of procedure. The Subcommittee on Prevention and the Committee
against Torture shall hold their sessions simultaneously at least once a year.
PART III
Mandate of the Subcommittee on Prevention
Article 11
The Subcommittee on Prevention shall:
(a) Visit the places referred to in article 4 and make recommendations to States Parties concerning the
protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading
treatment or punishment;
(b) In regard to the national preventive mechanisms:
(i) Advise and assist States Parties, when necessary, in their establishment;
(ii) Maintain direct, and if necessary confidential, contact with the national preventive mechanisms
and offer them training and technical assistance with a view to strengthening their capacities;
(iii) Advise and assist them in the evaluation of the needs and the means necessary to strengthen
the protection of persons deprived of their liberty against torture and other cruel, inhuman or
degrading treatment or punishment;
(iv) Make recommendations and observations to the States Parties with a view to strengthening the
capacity and the mandate of the national preventive mechanisms for the prevention of torture
and other cruel, inhuman or degrading treatment or punishment;
(c) Cooperate, for the prevention of torture in general, with the relevant United Nations organs and
mechanisms as well as with the international, regional and national institutions or organizations
working towards the strengthening of the protection of all persons against torture and other cruel,
inhuman or degrading treatment or punishment.
Article 12
In order to enable the Subcommittee on Prevention to comply with its mandate as laid down in article
11, the States Parties undertake:
(a) To receive the Subcommittee on Prevention in their territory and grant it access to the places of
detention as defined in article 4 of the present Protocol;
(b) To provide all relevant information the Subcommittee on Prevention may request to evaluate the
needs and measures that should be adopted to strengthen the protection of persons deprived of
their liberty against torture and other cruel, inhuman or degrading treatment or punishment;
(c) To encourage and facilitate contacts between the Subcommittee on Prevention and the national
preventive mechanisms;
(d) To examine the recommendations of the Subcommittee on Prevention and enter into dialogue with
it on possible implementation measures.
Article 13
1. The Subcommittee on Prevention shall establish, at first by lot, a programme of regular visits to the
States Parties in order to fulfil its mandate as established in article 11.
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2018
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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